The moving parties sought summary judgment dismissing the claim as statute‑barred under the Limitations Act, 2002 in relation to legal services provided in connection with a real estate transaction and related trust agreement and power of attorney.
The responding party argued the limitation period had not begun to run because she lacked the mental capacity to appreciate that she had a potential claim.
The court held that the evidence filed did not establish mental incapacity sufficient to suspend the limitation period, noting the absence of admissible expert evidence and the failure of the responding party to provide her own affidavit evidence.
The court found the limitation period began when the responding party consulted counsel asserting the invalidity of the documents.
As the claim was commenced more than two years later, the action against the moving parties was statute‑barred.